Maharashtra Unaided Private Professional Educational Institutions (Regulation of Admissions and Fees) Act, 2015
Chapter VI PENALTIES
Education201537 sections10 chapters
Chapter VI PENALTIES
20. Penalties
Statutory text
- (1) The Regulating Authority if, of the opinion that any person has contravened any of the provisions of this Act or the rules made thereunder, may direct such person to pay a penalty—
- (a) for the first contravention, which shall not be less than three lakh rupees or twice the amount taken in excess of the fees as determined under this Act, whichever is higher;
- (b) for the second or subsequent contravention, which shall not be less than fifteen lakh rupees or thrice the amount taken in excess of the fees as determined under this Act, whichever is higher.
- (2) Whoever, provides incorrect information, fabricated and fake books of accounts, fraudulent documents, and such other evidence etc., to the authorities, whether or not the act is done for profit or gain, is said to have committed an offence and shall, on conviction be punished with imprisonment for a term which may extend to six months.
- (3) The offence under sub-section
- (2) shall be cognizable and with leave of the court, be compoundable. (3A) No court shall take cognizance of an offence punishable under this Act, except upon a complaint in writing made by the Authority or by any officer of duly authorized by the Authority for this purpose.
- (4) If during the course of enquiry under this section, it is found that the unaided institution has charged the fees in excess of those approved by the Authority; such fees shall be returned to the concerned student.
- (5) On repetition of contravention or irregularity, the name of the institution shall be recommended for the withdrawal of affiliation or approval from concerned authority.
- (6) Where the offence or irregularity under this Act or rules made thereunder is committed by a Management, every person designated by the management, from such management, for the purpose, who, at the time when the offence or irregularity was committed, was in charge of, and responsible to, the management for the conduct of the business of the management, as well as the management, shall be deemed to be guilty of the offence and shall be proceeded against and punished accordingly: Provided that, nothing contained in this sub-section shall render any person liable to punishment, if he proves that the offence was committed without his knowledge or that he has taken due diligence to prevent the commission of such offence.
- (7) Notwithstanding anything contained in sub-section (6), where any offence under this Act or the rules made thereunder has been committed by a management and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any office bearer, officer or servant, such office bearer, officer or servant concerned shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Chapter VI PENALTIES
20A. Selection Committee
Statutory text
- (1) There shall be a Selection Committee to recommend the suitable names of the Chairperson and Members of the Admissions Regulating Authority, Fees Regulating Authority and Appellate Authority to the State Government and discharge the functions assigned to it, under this Act.
- (2) The Selection Committee shall consist of.—
- (a) Chief Secretary, Government of Maharashtra ........Chairman
- (b) Additional Chief Secretary or Principal Secretary, General Administration Department ........Member
- (c) Additional Chief Secretary or Principal Secretary or Secretary, Higher and Technical Education Department ........Member
- (d) Additional Chief Secretary or Principal Secretary or Secretary, Medical Education and Drugs Department ........Member
- (e) Principal Secretary and Remembrancer of Legal Affairs, Law and Judiciary Department ........Member.
- (3) Procedure to be followed by the Selection Committee.—
- (i) The State Government shall make a reference to the Selection Committee for appointment of the Chairperson and Members of the Authority or when any vacancy in the office of the Chairperson or Member arises or likely to arise in the Authority. The Selection Committee may, for the purpose of selection of the Chairperson or Member of the Authority, follow such procedure as it may as deem fit.
- (ii) The Selection Committee shall make a recommendation to the State Government for the consideration in the form of a panel of not more than three persons separately to fill the vacancy or vacancies referred to by the State Government.
- (iii) The Selection Committee shall make its recommendations to the State Government, within a period not exceeding thirty days from the date of reference made under clause (i).
- (iv) The notice or agenda, as the case may be, for the meeting of the Selection Committee shall be issued by the convener after fixing the date and venue for such meeting in consultation with the Chairperson of the Selection Committee.
- (v) The Secretary of the Higher and Technical Education Department shall be the convener of the Selection Committee.
- (vi) The State Government shall consider the recommendations of the Selection Committee for the appointment of the Chairperson and Members of the Authority or to fill the vacancy.
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